Mohammed vs State Of Kerala
2021 Latest Caselaw 23316 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 24825 OF 2021
PETITIONERS:

    1     MOHAMMED,
          AGED 70 YEARS
          S/O. AHAMMEDKUTTY @ AYAMUTTY, EEARATTUM VAKKATH HOUSE,
          THRITHALA AMSOM DESOM, THRITHALA P.O., V.K. KADAVU,
          PATTAMBI, PALAKKAD-679534.

    2     FATHIMATH SUHARA,
          AGED 46 YEARS
          D/O. MOHAMMED, EEARATTUM VAKKATH HOUSE, THRITHALA AMSOM
          DESOM, THRITHALA P.O., V.K. KADAVU, PATTAMBI, PALAKKAD-
          679534.

    3     SHAMEERA,
          AGED 39 YEARS
          D/O. MOHAMMED, EEARATTUM VAKKATH HOUSE, THRITHALA AMSOM
          DESOM, THRITHALA P.O., V.K. KADAVU, PATTAMBI, PALAKKAD-
          679534.

          BY ADV N.ABHILASH



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE SUPERINTENDENT OF POLICE,
          DISTRICT POLICE OFFICE, NEAR KSRTC BUS STAND, PALAKKAD-
          678014.

    3     STATION HOUSE OFFICER,
          THRITHALA POLICE STATION, THRITHALA P.O., PALAKKAD-
          679534.

    4     THE SUB INSPECTOR OF POLICE,
          THRITHALA POLICE STATION, THRITHALA P.O., PALAKKAD-
 WP(C) NO. 24825 OF 2021
                                 2

          679534.

    5     RIYAS VETTUPARAMBIL,
          AGED 41 YEARS
          S/O. ALIKUTTY, VETTUPARAMBIL HOUSE, THRITHALA P.O.,
          V.K. KADAVU, PALAKKAD-679534.

    6     NOUSHAD,
          AGED 45 YEARS
          S/O. ALIKUTTY, VETTUPARAMBIL HOUSE, THRITHALA P.O.,
          V.K. KADAVU, PALAKKAD-679534.

    7     NISAR,
          AGED 36 YEARS
          S/O. ALIKUTTY, VETTUPARAMBIL HOUSE, THRITHALA P.O.,
          V.K. KADAVU, PALAKKAD-679534.

    8     HARIS,
          AGED 32 YEARS
          S/O. ALIKUTTY, VETTUPARAMBIL HOUSE, THRITHALA P.O.,
          V.K. KADAVU, PALAKKAD-679534.

          BY ADV C.M.NAZAR




          SRI.E C.BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24825 OF 2021
                                    3



                             JUDGMENT

The petitioners have approached this Court

seeking a direction to respondents 2 to 4 to

grant protection to him, while the survey and

demarcation of his property at Pattambi is

conducted.

2. When this matter was called today, the

learned counsel for the petitioners submitted

that the survey and demarcation is over and

that police had given necessary protection,

pursuant to the interim order of this Court

dated 10.11.2021. He submitted that,

therefore, no further orders are now being

pressed.

3. Sri.C.M.Nazar - learned counsel

appearing for the party respondents, however,

submitted that the interim order of this

Court, as also Ext.P2 judgment, were obtained WP(C) NO. 24825 OF 2021

by the petitioners suppressing material facts.

He submitted that, therefore, his clients have

grave objections in the measurement and

demarcation now done and prayed that they may

be left with full liberty to challenge the

same in terms of law.

4. Sri.E.C.Bineesh - the learned

Government Pleader, affirmed that the police

had given protection to the petitioners in

terms of the interim order of this Court.

Taking note of the afore submissions and

since the petitioners are not seeking any

further orders, I close this writ petition;

however, leaving open all contentions of the

party respondents and leaving them full

liberty to invoke and pursue all their

remedies against any order, proceeding or

report from the Competent Authorities,

pursuant to the demarcation and measurement, WP(C) NO. 24825 OF 2021

which has been completed at the instance of

the petitioners.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/25/11/2021 WP(C) NO. 24825 OF 2021

APPENDIX OF WP(C) 24825/2021

PETITIONERS' EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE TAX RECEIPT FOR THE YEAR 2019-2020 DATED 12/06/2019.

Exhibit P2 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 26915/2020 DATED 06/10/2021.

Exhibit P3 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE TALUK SURVEYOR DATED 05/11/2021.

Exhibit P4 TRUE PHOTOCOPY OF THE COMPLAINT DATED 07/11/2021 BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE PHOTOCOPY OF THE COMPLAINT DATED 07/11/2021 BEFORE THE 3RD RESPONDENT.